This is a discussion on Inconsistent Rules on Concealed Carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by SIXTO be careful what you wish for. I would add... "be careful who you VOTE for"!...
Short of repealing the Second Amendment, the Federal gov't basically has no way of making Florida accept California's CCW laws.
On the other hand, if the feds passed a set of minimum concealed carry standards, whatever they may be, then every state would be required to accept the CCW license of any other state that meets those requirements.
This is how both driver's licenses and marriage licenses work right now. This is the reason that Texas does not have to recognize Massachusetts same-sex marriages---because marriages so licensed do not meet the Federal standards laid out in the Defense of Marriage Act.
If the Full Faith and Credit clause is properly interpreted, a basic set of federally legislated carry standards could only increase mandatory reciprocity, not decrease it, nor affect any individual state's own licensing procedures.
“What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia
SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.
Smoking, labor laws, motorcycle helmet and licensing laws, on and on and on...
"Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008
(Sometimes) "a fight avioded is a fight won." ... claude clay
Roadrunner, it is up to the base commander. He can set the drinking age at 18 if he wishes... it just isn't going to happen often. The last base I was on that allowed that was Camp Pendleton in the late 90s. They didn't want Marines going to Tijuana so they allowed it. When a new commander came into power, they age went up to 21.
"The only people I like besides my wife and children are Marines."
- Lt. Col. Oliver North
DOMA is dubiously constitutional and will likely be found to violate the 14th amendment's equal protection clause for discrimination based on sexual orientation, but yes, congress does have the authority to legislate standards for FF&C.
Reciprocity of drivers licences however, is to the best of my information, governed by the Interstate Drivers License Compact and state statue.
If you have contrary information, I'd be interested in seeing it.
As to how the FF&C clause is being used today, see: http://www.virginialawreview.org/con...dfs/94/247.pdf
FF&C is usually used to enforce judgements of one state in other states, and precludes chalanges to that judgement once rendered.
Suffice to say, it isn't as simple as it seems.
If the feds passed a minimum standard for carry permits, it would be passed under Article I, Section VIII's interstate commerce clause or the taxing & spending clause, not FF&C.
No, no, a thousand times no.
We thought "wouldn't it be a good idea to have emission standards the same through all states" and we had to bow to meet California's restrictions. It would be the same if we decided to follow suit with CC laws.
When traveling, I always look up that states laws, but for the most part, I carry a pocket pistol. Not saying I would intensely violate a law, but state laws can change, and my web resource may not be up to date. Or to put it another way, just to be on the safe side, a really concealed pistol is a big plus.
That’s why I asked questions, on another forum here on DC regarding carrying a larger pistol to Nevada and Arizona, to see if there where any sticky laws regarding CCL.
Probably the most successful area where uniformity of laws have been developed is the adoption of the Uniform Commercial Code.
When we get into the more emotional laws such as family law, criminal, gun laws, it is difficult to get uniformity. But even in those areas there is some uniformity. For example, there are a lot of similarities in part of the concealed handgun laws for a lot of states.
I hadn't thought about more restrictive laws, can't you all be a part of Texas?
Yoda, I am, yes.
U.S. Representative John Boozman, (Arkansas) has sent a bill in that form to Congress. But of course, it'll be a cold cold day in H--L, if it is ever passed.